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Neighbor asked for stay on property which rejected. Later granted.


13-Sep-2023 (In Property Law)

We built our house my neighbour first go court for claiming 500000 lacs due damage in his house because of my building after that he put one more case for stay on my house not sale the session court dismissed his application.application . The prrson has died after that his son filed stay case the stay was not AllAllowed and I have sold my house after ten days the lower case has given the stay. Now what I have done wrong the stay anout Byers has stope if mine.

Answers (2)

Answer #1
528 votes
Since your matter is already before the courts, i am sure your lawyers have been advising you.

In my opinion, since injunction was granted 10 days after the sale, in such an event date on sale deed shall have relevance to prove that on the day of sale there was no injunction by the court concerned, so accordingly you are not liable for contempt under Order 39 rule 2A.

In the event you may have more questions, you may contact me.
Answer #2
540 votes
The facts of your case are not clear. If the stay by the lower court was granted after you had sold the property then there is nothing wrong in the sale. If the stay was granted prior to sale then obviously this is contempt of court order and you are liable.

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